New laws effecting drivers and passengers who smoke in cars are due to come into affect across the whole of the UK. Currently Scotland, Wales and Northern Ireland already have laws in place that restrict who is permitted to smoke in a vehicle; and England is due to join them on the 1st of July. The law will ban people from smoking in a vehicle if that vehicle is used for certain activities. At present these activities focus on cars, which are owned by a company and used by employees.
The new law will require that these company vehicles will need to remain smoke free if they are used to transport members of the public or if they are used by more than one person. For example, taxis and minibuses will be smoke free vehicles and company pool cars will also have to be smoke free. In Scotland it is illegal to smoke in a vehicle, which is to be used for work purposes unless it is a car. So those who work with trucks or vans will not be able to smoke in their vehicles. This is often because these types of vehicles are used by more than one person or are used to transport a number of people at the same time.
All vehicles, which are required to be smoke-free, must also display a non-smoking sign in every compartment of the vehicle so passengers and drivers are fully aware of the new rule. The no -smoking signs must be visible and no smaller than 70mm in diameter. Drivers should ensure that they are fully aware of how these new smoking laws apply to them as there are a few grey areas, which may be confusing. For example if you have a company car, which is used primarily for personal use, then passengers are able to smoke in it. Or if you are using a company vehicle that has a roof that can be removed and stowed then passengers are able to smoke when the roof is not in use and has been stored away. Furthermore, companies themselves can decide on rules that they wish to impose on their employees who drive their company cars regarding smoking.
These new smoking rules will be passed as law and be written into the Highway Code, which is also considered to carry legal weight. At present the Highway Code states that drivers need to avoid any distractions whilst driving such as listening to very loud music, trying to read a map or eating and drinking. Smoking has now been classified as a distraction and will be added to the Highway Code as part of this list. Whilst the Highway Code will not make it illegal to drive whilst smoking, it will mean that if you are caught driving badly whilst smoking then you would have deemed to have committed an offence.
It will become compulsory for new drivers to learn these new rules as part of their driving theory test and existing drivers will need to take these new rules on board whilst on the roads. Drivers who flout these rules could risk being fined or being in breach of their motor insurance policy.
